§ 1784.41
551 words·~3 min read·
/ca/civil-code/1784-41A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is a violation of this title for any dealer to fail to make any disclosure required by this section clearly and conspicuously.
(a)In connection with the sale or financing of a vehicle, a vehicle’s total price shall be disclosed as follows:
(1)In any advertisement that references a specific vehicle for sale.
(2)In any advertisement that represents any monetary amount or financing term for a specific vehicle.
(3)In the first written communication with a consumer that includes a reference regarding a specific vehicle for sale, or any monetary amount or financing term for any vehicle. With respect to the first written communication, both of the following apply:
(A)The total price for the vehicle shall be disclosed at least once in the dealer’s first response regarding that specific vehicle to the consumer.
(B)A dealer shall retain a copy of the communication identified by this paragraph for at least two years and shall provide a copy of the communication to the customer upon written request.
(b)When making any written representation during the negotiation to purchase or lease a specific vehicle about an add-on product or service, the dealer shall disclose at least once that the add-on is not required and the consumer can purchase or lease the vehicle without the add-on. This disclosure shall be in writing and shall be clear and conspicuous. If the transaction is negotiated primarily in a language identified by subdivision
(b)of Section 1632, the disclosure required by this paragraph shall also be provided in that language.
(1)When making any written representation during the negotiation to purchase or lease a specific vehicle about a monthly payment for any vehicle, the dealer shall disclose at least once, clearly and conspicuously and in writing, the total amount the consumer will pay to purchase or lease the vehicle at that monthly payment after making all payments as scheduled.
(2)If the total amount disclosed assumes the consumer will provide consideration, including in the form of a cash downpayment or trade-in valuation, the dealer shall disclose the amount of consideration to be provided by the consumer. This disclosure shall be in writing and shall be clear and conspicuous. If the transaction is negotiated primarily in a language identified by subdivision
(b)of Section 1632, the disclosure required by this paragraph shall also be provided in that language.
(d)If the dealer makes any written comparison between payment options during the negotiation to purchase or lease a specific vehicle that includes discussion of lower monthly payments, the dealer shall disclose that lower monthly payments often increase the total amount the consumer will pay to purchase or lease the vehicle. Use of an internet-based tool that allows consumers to adjust financing parameters shall not constitute a violation of this section.
(e)The disclosures required by subdivisions (b), (c), and
(d)may be incorporated into a document that includes the written disclosures required by Section 2982.2.
(f)Subdivision
(a)shall not be construed to modify vehicle advertising requirements in Section 11713.1 or Section 11713.16 of the Vehicle Code. This includes, but is not limited to, the advertisement or communication of rebates and incentives that are disclosed separately from a vehicle’s total price.
(g)This section shall not apply to a used vehicle sold at an auction.